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Live Blog: Kwame Kilpatrick Trial Day 24

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Judge Edmunds calls a halt to the proceedings for the day.  Says, See you tomorrow Mr. Hardiman, Sorry.  And we're done.  M.L. Elrick will have a complete wrap up at 5 and 6 on Fox 2 news, and don't forget to read his Daily Takeaway on MyFoxDetroit.Com.  Talk to you all in the morning.


Chutkow asks if RAchale agreed to pay the 600,000.  Hardiman says Rachmale agreed because he didn't want to upset Bobby.

Chutkow asks if Hardiman thought he had any choice but to deal with Ferguson if he wanted to keep his contracts with the city.  Hardiman says it was RAchmale's call and RAchmale wanted to keep Bobby happy even after the change of Mayor's.


Chutkow asking if Hardiman thought Bobby was helping his company by demanding a $600,000 consulting fee be paid to excel.  Hardiman says Bobby told him Excel needs to assist him on this project.  Hardiman says he cursed, told RAchmale, and Rachmale said he didn't want to make Bobby made.

Chutkow asks if he called Bobby a parasite. Yes. Did he think Bobby was sharing his values to help minority businesses. No.


Chutkow asks if Bobby emphasized his relationship with the Mayor.  Chutkow asks if Bobby told him Lakeshore would lose change orders.  Hardiman says as time went by RAchmale decided he trusted Ferguson to talk to the folks downtown more than Hardiman.

Chutkow asking about the lawsuit that Hardiman testified he didn't remember.  ASks if Bobby said he's shut him down because of the lawsuit.  Hardiman says he doesn't remember.


Chutkow asks if Bobby did the work for free.  Hardiman says no he got paid.

Chutkow asks if he remembers being asked if Bobby threatened to cancel contracts.  Hardiman says one of the things Bobby would say to  him was if you mess with me I'll shut you down.  Hardiman says eventually Bobby just went to RAchmale.  Says bobby said they'd get no more change orders because of that crazy tom Hardiman.  SAys RAchmale told him to calm down and let bobby have those streets.


Chutkow now admitting new evidence.  This shows the Detroit BAsed Business and Detroit Headquartered Business percentages awarded to each of the team members.  Excel and FEI are not on the document.

Chutkow now asking about Fox Creek change order, did Bobby ask for all the streets?  Hardiman says bobby told him "these are my streets."  Hardiman says he disputed it.

Chutkow asks if he needed Bobby to do the streets.  Hardiman says he didn't need him to do them but they probably would have brought someone else in.  His company probably could not have done all the streets at that time. 

Chutkow asks if Bobby threatened him if he didn't get those streets.  Hardiman says Bobby threatened to go to his boss.  Hardiman says RAchmale said, "Tom, 10 and 5."  The pressing concerns for him was jobs and that the people in the city of Detroit were employed.


Chutkow showing list of team members on the bid, Ferguson is not on it.  Hardiman says he's not sure if his company of Bobby's got more money out of the project.

Chutkow now asking about 2 sibling water contracts.  ASking again if Bobby didn't want his name on the proposal.  Hardiman says he put E and T trucking on instead.  That bobby brought them in.

Hardiman says Bobby got work on both sides of the contract.


Chutkow now asking about the protest letter brought up by the defense.  Chutkow asks if Ferguson asked to keep his name off that contract because Bobby had an exclusive agreement with another company.

Hardiman says Ferguson was on both sides of the contract.  This was the East Side Water main contract that Lakeshore got, and the WEst side contract awarded to DCI


Jury is back and we're underway.


taking a 5 minute break.


Chutkow asks if he picked Ferguson because of his past work or if it was to fulfill Detroit based business clause.  Hardiman says no, he put Ferguson on the contract so he could navigate the city bureaucracy.

Says he told D'Allisandro there would be no deal without Ferguson.  Say he told D that if he couldn't agree with Bobby they'd let Bobby do the work.

ASks if Hardiman thought Bobby could be bullied.  Hardiman says he can't see Bobby being bullied.

Hardiman says if Bobby wanted to work on the contract he would have let him.  Says if 'D'Allisandro hadn't' reached an agreement he would have been kicked off.  SAys  it wasn't coming out of Lakeshores coffers so paying the million to Bobby was fine.  SAys he wouldn't have thought it reasonable if he'd had to pay bobby a million.

Hardiman says he's not aware that Bobby did any work, or provided a bond, or had any risk of loss.


Chutkow asks if Hardiman got the approval letter on the contract before the email.  Hardiman says that's what the document says.

Chutkow now showing more emails: bobby-  Tom Hardiman lakeshore they called your mothers office on us

Mayor -lol

Bobby- you got to talk Dedan and zeke. this shit is funny about the shit the union and lakeshore is saying Hey I didn't know I would become the motherfucking man of the real man 'kmk'

Chutkow asks if Hardiman was aware Kwame and Bobby were discussing contact with the mayor's mother.  Hardiman says no.  says bobby didn't tell him he discussed the prices of the contract with the mayor. 


Chutkow asks if he knows what happened to the contract after it was taken away from Lakeshore.  Hardiman says he thought it went to INland Water and that believes Bobby was a part of that team.

Chutkow asks if Ferguson asked for 25 percent of the contract when Hayes was only going to require 10 percent.  Hardiman says they offered Bobby 10 or 12 and bobby said, "we'll see."

Chutkow showing a text message now April 23 2003, Bobby says is the same contract 1361 prices maybe less that the other on, but hey you know the rest.

Mayor replies Cool.

Chutkow asks if Ferguson and the mayor were discussing the prices of the contract.  No.  EVelyn objects but is over ruled.


Now looking at a document that says Lakeshore will fulfill 100 percent Detroit based businesses.  Shows that lakeshore, Lanzo, Hayes, Detroit Contraction, and Cole financial.  Hayes provide excavating work.

Chutkow tries to ask if 10 percent is a typical payout.  Evelyn objects, says Hardiman repeatedly testified that he wasn't involved in he details and can't testify to this. Judge sustains.


Chutkow now showing the defense prepared summary.  ASks about 2002 when Ferguson came to Hardiman's house and asked for 20 percent of contract.  Hardiman confirms he didn't give Bobby the money.  Chutkow asks if Lakeshore got any water contracts after that.  Hardiman says they hey only got asbestos abatement contracts.  Chutkow asks if the next project they got was one Bobby was on.  Hardiman say yes.  Spans a few years.

Chutkow asks if Ferguson came to him and asked to partner up.  Hardiman says he told Bobby, "we'll see." but didn't do it.


EVelyn asks about the time Hardiman took him a cash down payment for a project, asks if Bobby laughed at him.  Hardiman says Bobby was startled by it.  and EVelyn is done.

Chutkow on redirect.  tells Hardiman bet you want to get out of here.  Hardiman says "that's an understatement."

Chutkow asking about letter praising Bobby and looking forward working with him in the future and asks if Hardiman felt that way.  Hardiman says no.

Chutkow asks is he ever shared threats with the guy who sent the letter, says no. Hardiman says he never had a discussion with the guy.  Hardiman says he had an entirely different relationship with Ferguson in 2007.

Hardiman says the only person he told at Lakeshore was RAchmale.

Hardiman recalling again that Bobby told him those first two contracts had to go across the mayors desk and that all of a sudden those contracts stopped.  Hardiman says after everyone about why he was told, not to talk to the Mayor but to talk to Bobby.  SAys they brought Bobby in, negotiated, and they felt he was the guy they had to have on the team.  SAys Ferguson wanted to be on the team, and the way that worked out was Bobby got one third of the profits.


Evelyn now asking if city council has to approve the contract you won't get paid.  Hardiman says yes.

Evelyn asks if the council doesn't approve it, its not a valid contract.  Hardiman says yes.

Evelyn has prepared a chart reflecting actual payments between 2000 and 2007. Here's a point for redirect, the defense team raked the prospectors over the coals for preparing charts and hammered them on validity.  this could be good fodder for the prosecutors.  and Chutkow is now standing and questioning the documents.  Evelyn's says figures are based on documents from the government.  Judge says she'll receive it.

Shoes Lakeshore got a $2 mill contract for asbestos and lead abatement, change orders were $10 mill for a total of 12 mil.

EVelyns asks if change orders made it grow to 12 mill.  Hardiman says according to this document.  He's not aware of all the change orders.

EVelyn not asking about the construction management for water mains  change orders on this one are $42 mill.  Hardiman says he's aware of the change orders that made it grow.

Now looking and a $30 mill contract with a 10 mill change order.

EVelyn asks if Lakeshore was doing pretty good.  Hardiman agrees that looks pretty good.

EVelyn asks if include revenue from other city departments.  Hardiman says it doesn't.  Hardiman says they probably had some more contracts but doesn't recall specifics.


Evelyn now showing letter from DWSD saying it authorizing work to start but payment won't be made until after council approves it.  Hardiman signed the document in 2006.

Judge is asking for a sidebar.


Evelyn now showing a chart showing the organization of Lakeshore.  Hardiman is listed as the Contract Administrator.  Hardiman says the document is put together by the proposal team.

Evelyn asks if the document is accurate.  Hardiman says he thinks so. 

Evelyn asks if he was the contract admin.  Hardiman says the that's what the document says.  Evelyn says that's not what he's asking, were you the contract admin.  Hardiman equivocates again and says that's what the document says.  finally says he doesn't remember seeing the document.


New document addressed to Hardiman at Lakeshore.  Another letter to confirm negotiation meeting for the east side sewer project.

Scheduled for Wed. Nov. 8th 2006.  Hardiman says he may have attended that meeting.

Another new document,  Looks like a memo about schedule for meeting number one.  It has a lest of attendees.  Bunch of folks from DWSD and Rachmale, Bhatti and Hardiman from Lakeshore.  Hardiman says Bhatti is a vice President. of operations.

Evelyn asks if Hardiman followed the negotiations all the way through.  Asks if Hardiman remembers the meeting.  Hardiman says according to this document, he attended a lot of meetings, yes he was probably there.


EVelyn asks if Hardiman had a role in administering the project on the lakeshore side.  Hardiman says he addressed issues as necessary.

Evelyn now showing a new document.  It's a letter to Hardiman from Mercado in 2006.  It's about the East Side sewer repair project.  SAys Lakeshore has been selected to enter negotiations on the about referenced project.

Evelyn asks does it say negotiations.  Hardiman says yes.

EVelyn asks if there's going to be a negotiation meeting.  Hardiman says he's been to those meetings before.

Evelyn asks if you go to those meetings before you get approval and Hardiman says yes.


New document.  another email fro Hossain to White from Ferguson's company.  It's a check request, says payment to a&H was authorized and Ferguson should contact Tom to get paid.

Reply says they need to pick up checks today because they have subs they need to pay ASAP.

EVelyn asks if they needed to contact Hardiman to get their money.  Hardiman says he remembers that happened on many occasions.

EVelyna asks if Subs have stopped working until they get paid and did it happen to his company.  Hardiman says yes that happens.

Evelyn asks if it happened during this event.  Hardiman says no, he doesn't remember.


Evelyn asks if no money goes out of his company without his approval.  Hardiman says that's correct.


New exhibit.  THis in an email from BElayer Hossain to Ferguson Employee Al White about the Jefferson water main project.  It's talking about advancing Ferguson $200,000.  CAlls the JEfferson project an emergency project. 

EVelyn asks if that's  the incident.  Hardiman says it could be but probably isn't.  Hardiman says he thinks the whole Jefferson project was considered an emergency project.

Hardiman says he thinks this a totally different contract.

EVelyn asks if this was an A&H contract that Ferguson was going to do.  Hardiman says he thinks Ferguson got the contract.

Hardiman reads from the letter "AFter talking to you this morning I realized concern was the delayed payment of the change order work being placed while is awaiting council approval."

Evelyn asks if Lakeshore was going to advance money to Ferguson while they were waiting for the city to pay.  Hardiman says Ferguson got this job.

EVelyn asks if Ferguson was helping out Lakeshore.  Hardiman says it was a Lakeshore contract and Ferguson was able to do the work.


EVelyn is showing a new exhibit.  THis is another Hossain document.  Hardiman explains that Hossain approves invoices for the Detroit operations of Lakeshore.

THis is an email from Hossain to the controller of Lakeshore.  It says "I am making arrangements to pay A&H/Ferguson the following amounts.  This is from 2007.   It's the Fox Creek water main replacement project.  THe total to A&H is $190,000 and to Ferguson is 179,000.  There's handwriting on the document, Ferguson is crossed out and a  handwritten note says A&H owes Ferguson with an arrow pointing to the total for Ferguson.  Also say Pay A&H today if possible.

Evelyn asks if Ferguson did work with A&H and helped them out.

EVelyn asks he Ferguson helped out when A&H had a problem that flooded a neighborhood.  Hardiman says he sent over a couple of guys but it didn't flood the neighborhoods.  Evelyn says you say it's a little incident and Ferguson says it's a flood.  Chutkow jumps in.  Evelyn moves on.


Judge must still be talking to the Serbian visitors.  Okay, we're back.  Judge is explaining the numbering system to the jury.  Reassuring them they'll get complete copies for deliberations.


Attorneys are wandering back into the court room.  I had a chance to talk to M.L. during the break.  He pointed out that the last letter Evelyn was grilling Hardiman about was Post "climate of fear."  So the question is, if Bobby was such a devil to work with, why was Lakeshore still working with him after the change of Mayors?  Score one for the defense.  Still, if, as the defense team is trying to  portray, that Hardiman is no innocent and has his own skeletons in the closet, how does hanging with another questionable contractor make your client look any better.


Evelyn asks for a break, Judge Edmunds say yes.  And we're on a 20 minute break.


EVelyn asks he Hardiman knows Beleyit Hossain.  Hardiman says yes he works for Kodo Day. (spelling? got no clue until they put the letter on the screen)

This is a document from FEI from 2007.  To Tom Hardiman.  It's an "extra work claim."

Hardiman asks if the address on the document was one of A&H's addresses.  Sky Group owns the building.  Hardiman says yes.

EVelyn asks if it's signed by Beleyit Hossain.  Yes.  Hardiman says Lakeshore handled billing for this particular job.  Processed invoices and approvals.

Evelyn asks if Hossain is a Lakeshore employee.  Hardiman says yes.


Now looking at a 2009 letter from Lakeshore sent to Ferguson.  It's about the sustained efforts of the Ferguson team, acknowledging the success and saying it's greatly appreciated.  Letter says Lakeshore is looking forward to future projects.

Evelyn says the letter says FErguson did great work and they wanted to work with them in the future.  Hardiman says, "that's what the letter says."  Says he doesn't know how the letter got prepared.


EVelyn asks if he had a conversation with Rachmale about putting a "black face" on it.  Hardiman says he doesn't recall the conversations.

Hardiman is  sitting in the witness box with a puzzled look on his face, like he's wondering what is the big deal about the signature.  He keeps explaining that in the public view he was  the face of the company even though he'd sold most of his interest.  He's also testified that he had a very close relationship with Lakeshore owner Rachmale.  I'm kind of wondering what the big deal is as well.


EVelyn asking when Hardiman sold his interest in Lakeshore.  Hardiman says he's not sure.  Evelyn says didn't you retain a 1 percent interest. Yes.  When did you sell it.  Don't remember.  CAn't make a guess.  "NOPE."

Hardiman says they probably just left off 'advisory board."

Hardiman says he was probably asked to sign because he was previously part of the team and he was African American and the perception was he was still part of Lakeshore.

Evelyn wants to know if they were trying to leverage his reputation in the City.  Hardiman says that's his best guess.  Doesn't remember the conversations about it. 

Evelyn wants to know if race was big reason why they had him sign this letter.  Hardiman says he was the African American face of lakeshore.


Evelyn asking for another document now.  ASking if he also signed another letter to Mary Blackman the chairman of the water commission.  Hardiman says he didn't prepare the letter he just signed it.  this is part of the same contract and the same complaint.

Singed again as Chairman of Lakeshore group.  Hardiman says he was the Chairman of the Advisory board.  Wow, don't ever abbreviate your title on a letter or you'll wind up getting grilled in Federal Court.


Evelyn asks if Hardiman was the chairman of the Lakeshore group or the Lakeshore advisory committee.

Evelyn hammering him now on whether it's a pretty big difference between being chairman of the lakeshore group and chairman of the lakeshore advisory board, wants to know if it's a gross misrepresentation.  Hardiman says he doesn't think of it that way. 

WAnts Hardiman to explain how that mistake could be made? Hardiman says ask the guys who wrote the letter.

Evelyn wants to know if he thought about why the letter says he's the chairman of the whole show when he was just the chairman of the advisory committee.  Hardiman says he just didn't think about it.


Evelyn asks if instead of getting split up the contract went to one company.  Hardiman says it appears that way.  Asks if he knows who got the contract.  Doesn't know.

Asks if he read the letter before his signed it.  Yes.

Hardiman reads, Lakeshore was ranked highest but was not awarded full points....complains about inconsistent and subjective review.

Evelyn asks if they also complained about the poor quality of work and problems with the company that got the contract. Hardiman says that's in the letter.


EVelyn asks if his company was protesting the award to a single company under his signature.  Hardiman says yes it's under his signature.

looking at last page of letter now.  Says "Chairman -Lakeshore Group."

Evelyn asks if Sky Group is part of the Lakeshore Group.  Hardiman says no, it's a separate entity.  Evelyn asks isn't that what Lakeshore Group is about? Hardiman says yes he signed it.

Evelyn asks if he knew what he was signing.  Hardiman says yes he felt comfortable signing it.

Evelyn wants to know why they had him sign it.  Hardiman says you'd have to ask them.


The letter talks about a contract that was awarded to one company and Hardiman is complaining that DWSD staff incorrectly assessed Lakeshore's proposal.  It's a formal bid protest.  Hardiman says he signed the letter after reviewing it.  That he was asked to sign it but it was written by the company's bid proposal team.


Evelyn asking now about the 2 contracts, the 10 and 5 million that were won, then canceled.  Asks if he remembers bidding on successor contracts, gives the city number designations for the contracts.  Hardiman says he doesn't recall.  Not surprising, so many contracts.  Evelyn now showing him a letter he wrote to the City finance department.

Hardiman says he doubts he actually wrote the letter, he probably reviewed it.  Hardiman is reading the letter now.


Hardiman says he doesn't remember how the suit was resolved.  Evelyn showing an exhibit from he lawsuit, an invoice.  Asks if Bobby threatened to have Hardiman's contracts with the city pulled if he didn't take care of this lawsuit because his son didn't pay his bills.  Hardiman says he doesn't remember any threats in regards to this bill.


Evelyn asks if Ferguson asked him to fix this because his son John Hardiman didn't pay a contractor after Ferguson paid him.  Hardiman says he doesn't remember at this time.  Says he didn't talk to his lawyer about it in detail because his company was not the main target of the lawsuit.

Looking at page 2 of the lawsuit now where it says Hardiman's company was involved.  Hardiman says when people couldn't get something from his son they'd just put his name on the lawsuit.


Evelyn asks if he remembers being sued? Remember being served? You tell me your company is being sued and you have no recollection?  Hardiman says he doesn't remember.

Prosecutors object. Judge says the document is admissible because A&H is a direct defendant in the case.


Evelyn showing him a document now with Hardiman's company name on it.  Has A&H, AnderJOhn, and FEI names on it.  Hardiman says he has no recollection of this lawsuit.  Says he turned it over to his attorney and it was handled from there.


Tom Hardiman is back on the stand.  The Judge reminds him he is still under oath.  Evelyn is  asking him now if he worked to get his children involved in the business.  Asking about HIs son John's company.  They do finish work, fixing up job sites after water main installation.  Company's name is AnderJohn.  Repaves streets, landscape, stuff like that.

Evelyn wants to know if Ferguson's company hired his son's company.  And wants to know if his son's company got  sued for not paying contractors and if Hardiman had to pay.  Hardiman says he's not familiar with that.


Sidebar is over. The Judge just welcomed a group of visitors from Serbia who will be observing today's proceedings.  The Jury is filing in now.


In what is now becoming a familiar scene, Bobby and Kwame are standing at the defense table while their attorneys talk to the Judge Kwame, arms folded, has his head bent down to listen while Bobby talks and motions with his hands.


"All rise."  Court is in session and the Judge has asked for a sidebar before bringing in the Jury. 


Good Morning from sunny downtown Detroit.  The court room is full but they haven't started yet.  The Judge just notified Bobby Ferguson's attorney Mike Rataj that they have a coat rack now.  Something they probably have room for now that Victor MErcado is no longer a part of the proceedings.

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